A group of residents collecting recall petition signatures got an unexpected visit from the cops during a community event Thursday night in Algonac.

But while some officials said it was an incident that was in violation of city code because it required a permit, those involved disagreed, claiming such enforcement violates their First Amendment rights.

Resident Amanda Gougeon has been collecting signatures for the recalls of Algonac City Council members Irene Bird and Joe Nugent for the past several weeks. On Thursday, during a free Music in the Park concert, she and several other residents had a table set up with signs soliciting signatures.

At about 7:26 p.m., according to the St. Clair County Sheriff Department, a call reporting the group came in. Sgt. Tom Jackson on Friday said Gougeon's group was asked to pack up their table and to stop soliciting signatures.

Gougeon said they were first told to leave. “They went from, ‘You must vacate,’ to, ‘You must not have a table,’” she said. “As soon as they saw the table was getting taken down, they left.”

Several city officials were at the concert. Gougeon said she believed the call to police — she didn't who had made the call, as of early Friday — was an attempt to suppress the recall effort.

“It makes it more imperative and proves why we’re doing this even more so,” she said. “(Their) calling the cops on us was (almost helpful) because we got more attention and we got more signatures than just sitting there quietly.”

Gougeon said it was also difficult to guess what statute might have justified a response from police.

Acting City Manager Linda Mackie didn’t respond to two calls for comment Friday. But Clerk Cindi Greenia said although she didn’t have the code in front of her, she wasn’t sure a group like those collecting signatures Thursday needed special permission to be there.

With Music in the Park, for example, the city doesn’t pull an actual permit for its own event — it just reserves a spot on the calendar, Greenia said.

“I think it’s a really great program, so if someone was like, ‘Can I have a wedding there?’ or, ‘Can I have a picnic there?’ you would say the park is full,” she said of the music event. “But as far as a rule (related to petitioners) setting up in the park, I don’t think there is one.”

Algonac Mayor Eileen Tesch was at the concert Thursday.

When asked about Thursday’s incident, she said local leaders believe in free speech, but the community event didn't seem an appropriate time or place.

“Obviously, I’m not happy they bring their negativity to a positive, community event, and then obviously, when the officers arrived, they were very adamant that they weren’t violating any code or ordinances when the officers asked them to leave,” Tesch said. “I understand they have a right to be there, and nobody’s going to be arrested for being present or carrying signs, but once they set up a table, it rises to a level of solicitation or vendoring, and for that, they need a special permit.”

Under the city’s code, special events require a permit, but “all political activities are specifically excluded." On solicitors and use of streets and parks, the code states none shall “engage in sales or marketing within any city park unless pursuant to a special events permit.”

But Gougeon, who said she sought multiple opinions, contended that didn’t apply to them.

“Even if we were, which we (were) not … political speech is the most protected speech under the Constitution,” she said. “It’s just like if you’re selling T-shirts. That would be solicitation. We aren’t selling it. That would be commercial speech.”

Attorney Gary Fletcher, whose firm represents the city of Port Huron and Marysville, St. Clair County and others, said special permits are “generally for some substantial event.”

In the instance described Thursday, he said it didn’t quite add up.

“It’s not something that would typically require a permit, number one, and number two, in my opinion, it would infringe on their First Amendment rights to seek their signatures,” Fletcher said. “You’re not a vendor because you’re not selling anything. You’re basically exercising your right to assembly.”

Still, Tesch said Thursday’s effort should have been more professional.

“Go door to door and let the people enjoy the music and the beautiful summer evening," she said.

The petitions for both Bird and Nugent allege they attended meetings in 2016 about the former Algonac Elementary School building and the church that had been planning to redevelop it, and Bird’s petition additionally says she talked about firing former city manager Doug Alexander days before he actually resigned.

Gougeon has 60 days to finish collecting signatures from the first day she began. She said that period ends next Friday, and she is just a few signatures short of the 331 required and their 350-signature goal. She said she collected about 100 this week.

Contact Jackie Smith at (810) 989-6270 or jssmith@gannett.com. Follow her on Twitter @Jackie20Smith.